Historical Newspapers of South Carolina

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COOPER-SHARPE TRIAL. Col. Cooper Grew Wa=m in Cross Ex aiation-Half Arose From His Chair to Call Down His CounseL Nashville, Tenn., Feb. 25.-It was thought last week that the limit in crowds had been reached in atten dance at the Cooper-Sharpe trial, but the throng that assembled almost be fore dawn made .the former crowds seem small. The cause of the excite ment was a well-defined rumor, im possible of confirmation or denial, that Governor Patterson would take the stand on behalf of the defendants as soon as Colonel Cooper was excus ed. When the court opened Judge Hart said that he would exclude the Lancet editorial offered by the State to prove that the Lancet, in which Col. Cooper was interested, printed the original charges against Governor Cox which when repeated by Carmack in the Tennesseean.caused Colonel Cooper to say that either he or Carmack must die. Captain Fitzhugh then resumed the cross-examination of Colonel Cooper, commencing with the State debate be tween Carmack and Patterson during the gubernatorial campaign. The wit ness was asked if the Nashville papers did not report this debate in full and if he ever read of Carmack's attack upon him in the American. He said he had not read it, but believed the papers did not publish the debate in full. "Didn't you say he attacked you nearly every day in this debate?" "I said practically every day." "Do you remember what he said?" "I can refer to my notes anO tell." "You have notes." "Yes, sir." "Where did you get them?" "From the stenographer who took the debates." "You got these notes since the trial began?" "Yes, sir." "Who else told you of the at tacks?" "John Sharp and Governor Patter son and hundreds of others -told me. I scarcely met a man who attended the debates that did not tell me of the attack." "What were the facts of this at tack, the words?" "I did not recall the exception about the 'angel with a smell of hell upon his wings.' " "Don't you know he never said .'helL'" "Yes." "You put in-you use word hell of ten?" "I certainly do; it's a. favorite word of mine and I use it whenever I want to." Fitzhugh was on his feet .firing questions rapidl yand Judge Ander son said: "I wish counsel would keep his seat and avoid these exciting de monstrations" "Let him alone," said Colonel Cooper. "Let him alone, he can't frighten me. I can parry his attacks. No, sir, I can stand it a week if you can." The witness was asked to read the schedule of the joint debate in middle and eastern Tennessee, which he did. "What was the first attack?" "Carmack called me a bolter." "Didn't you bolt the ticket and vote for General Russell against Gov ernor Bates for governor." "I never voted f.or a Republican in my 'ife. I did vote for Russell and against Bates." Counsel for the defense objected, but Colonel Cooper was excited and half rose from his chair and exclaim ed: "Let him alone, let me answer. I -want to answer him." Colonel Cooper said he also object 'ed to a statement that he dominated the governor. "A man who was a * bigger man than I am and who was my friend it was aimed to hurt and slur him." "Did you take exception to any ~editorials of the same nature except :those written by Senator Carmack?" "I objected to every mean editor ial.'' "And there were many of them?" "No, sir. I resented other editorials in other papers." "But vou took no action?" "Well, I felt the personal poison jand resented it mentally." "But von sent no threatening niotes? "I didn't send a note in the Car mack case for months and months af ter t.he stump attacks and the edito rial attacks had been going on." The State contined to revert to a political fight which Cooper was charged with settling. Invariably the testimony was ruled out. The court remarked: "You had better get off of politics and get down to facts." Answering questions the witness said: "If I had received the message I sent Carmack. I would consider that either I had to stop the attacks or prepare myself to meet him." -Nashville, Tenn., Feb. 25.-After nearly two days under one of the most searching cross examinations ever heard in Tennessee, Gol. Duncan Cooper was surrendered to his own counsel by the State tonight. He will take the stand again tomorrow on re direct examination. Immediately after Cooper was fin ally dismissed from the stand Gover nor Patterson and his adjutant gen eral, Colonel Tulley Brown, will be called to tell what part they played in this political tragedy. All efforts of the State to confuse the witness on subject matter in di rect examination failed. He stuck to his story, never faltered, never hesi tated. In reply to a nestion as to what there was in the editorial in the 1908, to make him want to take human life, Col. Cooper said: "Noth ing on earth makes me want to take human life except in defense of my own.'' "You think anything in any edito rial justifies murder?" "Nothing ever written justifies taking shuman life." Witness denied ever calling Car mack vile names. Aliss Lee swore she heard Col. Cooper villify the edi tor. The State went back to the kill ing and asked: "You determined to avoid Carmack, but all of a sudden you changed your mind and- started over to see the senator?" "Exactly-sudden impulse." "You knew you would settle it some way, eh?" "Now don't put meaning on it I do not intend, I had only one meaning to settle it, that was a peaceable set tlement." "You didn't know what you aimed to say?" "Not exact words. I supposed to say I was going to expose his private life if he did not stop assailing me." "So that was your peaceful mis sion?" "Not absolutely peaceful. I mere ly wanted an understanding that un less he let me alone I would retaliate in kind." "Why did you draw your gun?" "In order to kill Carmack if he killed iny son." As far going armed, witness said: "I didn't think there would be any trouble unless I committed some overt act, and I did nothing to justify Sena tor Carmaek in drawing on me.'' THE COOPER CASE. State Offers to Disprove Testimony on Which Defense Bases its Plea But is Not Allwe to Do So. . Nashville, Tenn., Feb. 26.-The ninth day of actual testimony in the Coper-Sharp trial for the slaying ofI Former United States Senator Car mack was inarked by lengthy and bit ter a.rgumnent between opposing coun sel and closed with a decided advan tage for the de;fense. At the same time an interesting law point was de ided by Judge Hart. The defense early in its case in hief offered proof that Col. Cooper was told by Edward Craig, whom the olonel .had sent to see Senator Car mack, that Carmack was in an "ugly humor.'' The defense's case was based really upon this one expression, for Col. Cooper and Robin both testi fied tha.t they armed themselves be ause they were led to believe from this remark that Senator Carmack might assault the elder Cooper. Today the .State offered to prove* by two of the defense 's own witnes ses, Maj. Vertres and Assistant State Insurance Commissioner T. Leigh Thompson, that Senator Carmack was not only not in an ugly humor but laughed at the idea of trouble. The defense fought the admission of this testimony with more vim and bitterness than has characterized any argument since the trial began. Learn ed counsel offered two reasons why it should be excluded: First, ti''at the State could cross-examine only on such matter as had been gone over in direct examination. The court promptly rejected this theory. Next, the defense argued that unless all the conversation- of witnesses with Carmack, as well as their observation of his manner and appearance, had been communicated to the defendants the testimony was inadmissible. In the question of Maj. Vertres' testimony Judge Hart excluded the jury and permitted the State to ex amine the major for the court's bene fit. He admitted all that the State said he would, that Carmack laughed at the idea of trouble, said he had done nothing to provoke it, and that he wanted a revolver simply to satis fy his friends. T,bis counsel on both sides argued and the court held with the defense. More Argument. Later in the day when Leigh Thompson was questioned almost the same question arose and the argument began anew. Judge Hart said he would render his decision tomorrow but intimated that unless the State had discovered some new authorities to support its contention, he would rule out the testimony. Col. Cooper resumed the stand when court opened and said: "I wish to make one statement. My testimony yesterday as to helping an old soldier with money, as I read it in the stenographer's transcript this morning, was misunderstood, and I am afraid it is my fault. I secured $1,050 from my farm. I gave only $50 of it to the old soldier, but evi dently every one thought I said $1, 050. That's all." Cooper was then excused. After some delay in waiting for a witness who did not arrive, Lieut. M. D. Pilcher, U. S. A., who found the revolver near Carmack's body, was called by the defense. He said he had just left the club a block away from the tragedy before the killing and saw a crowd. He approached and found Senator Carmack lying in the gutter, face down. His rigui, hand was extended and the revolver was eight inches from the hand. Witness picked up the revolver and broke it. It contained four loaded shells and two empty c:-es. It was a .3S calibre hammerless. On cross-examination Filcher said he had no means of knowilig how long it had been since the revul;er Lad been fired. Sergt. Meadows of the Nashville pol.iee was the next witness. He went to Fort's infirmary and got from Pa trolman Vaughn two revolvers-Rob in's .32 automatic Colt and the one found by Lieut Pilcher. Later he re ceived from Sergt. Dead a nickel plated revolver which had not been fired and which was said to have been taken fr?m Col. Duncan Cooper. On cross-examination he could not positively identify the guns. He had turned them over to the lieutenant of police at the station and on the next day took them to the clerk of the crimnal court, Vernon Sharp, brother of John Sharpe. Maj. Vertres' Testimony. Maj. W. 0. Vertres, the next wit ness, was to try a suit in chancery court with Robin Cooper the day of I the tragedy. Robin 'during the morn ing twice had the suit continued, and when he arrived at 1 p. m. said: "I am sorry to have detained you, but I had a matter I could not leave for any lawsuit.'" "Did you see Senator Carmack or talk to him on important topics Sun day night?" "I did. I was calling on a young lady-' "Don't give her name.' T.he call was interrupted by a tele phone message that Senator Carmack wanted h'm. Maj. Vertres went to enator Carmack's office. "What did Senator Carmack ask of you?" '"He said he wanted a revolver and I loaned him mine.'' "Did that revolver have anything on it?'' "Do you mean a scabbard? Yes, it had a little rubber tip.'' "Is this scabbard yours?'' "Yes, sir. The revolver is mine, too.' "Was it loaded in every cham ber?'' "It was." The witness said the next he saw of this revolver was in the presence of the attorney general when he identi fied as his the revolver found near Carmack's body. "You know Mr. Carmack?'' "Yes, sir. I was his best man at his wedding.'' At this Mrs. Carmaek turned to her sister, buried her head on her' shoulder and broke into tears. The State began cross-examination at this point. Defense's Objection Sustained. The defense objected to testimony as to Carmack's demeanor the night before the shooting, and was sustain Judge Hart ruled that Maj. Ver tres could not testify as to what transired in Senator Carmack's of fie -he night before the shooting. The ,tate then resumed cross-examin ation through Attorney General Gar ner. "Did any one ever object to your telling the whole truth- about this ease?'' "Never. I asked the defense not: to use me, but made the attorneys promise that if they decided to use me they must give me notice in time 'for me to consult with attorneys for the State." "The shield or scabbard on the gun would remain in the pocket when the revolver was drawn, would it not?'' "Unless it were held upon the re volver barrel by the hand it would remain in the pocket.'' R. T. Creighton, a civil engineer, was next called. He made a plat of the scene of the killing and swore to the accuracy of his measurements. The next witness was R. P. Seigen thler, city foreman of linemen for the Western Union. He moved one of the poles at the scene of i trage dy and took it to the store house. He never examined the pole and knew nothng- of any bullet holes. A. H. Wright, a contractor, told o1' examining l he pole and finding no bullet holes. and Brown, blacksmith, and Dr. E. N. Brown contradicted Miss Lee, who said Col. Cooper was in Attorney Bardford's office about 10.30 or 11.30 o'clock on the morning of November 9. They said at that hour Cooper was trying a horse he wanted to buy. Gun Col. Cooper Had. Thomas S. Hutchinson, a police commissioner of Nashville, said he lent Col. Cooper a revolver the night before the shooting. The witness ex amined tire nickel-plated gun which the officer took from Col. Cooper and said it was his. The defense next called T. Leigh Thompson, deputy State insurance commissioner, who got to the scene of the tragedy about five minutes after it occurred. He saw Carmack's body in the street, a pool of blood at his mouth. He produced a bullet which he found there-a steel packeted, .32 calibre bullet. The bullet was very close to the dead man's lips. ''Did you see a cigar between the fingers of his left hand?'" "I saw a eigar near his left hand or in his fingers. The right hand was above his head, his body turned on his right side and left hand across his body, resting on the ground.'' The State attempted to bring out a conversation witness had with Car mack the afternoon of the killing. The defense objected and counsel again entered upon lengthy arguments. Judge Hart announced that he would render a decision tomorrow and court adjourned until 9 a. m. NO-FUND CHECKS ARE OUTLAWED House Passes Senator Mauldin's Bill With Amendment. There was a long fight at the ses sion of the house Friday on Senator Mauldin's bill to prevent fraud by iving worthless checks. Mr. Fraser moved to recommit the bill. For near ly two hours the bill was debated and by a vote of 58 to 38 the house re fused to recommit the bill and by a vote of 51 to 38 the bill was sent to the senate. The bill reads as follows: 'Section 1. That from and after the approval of this ant, any person who shall draw and utter any check r draft on a bank or banking house n which he has no funds, or not funds sfficient t apoueyshSHRDUN ufficient to meet the same, shall b.e eemed guilty of , a misdeameanor, nd, upon conviction, shall be punish d by fine or imprisonment, or by ine and imprisonment, in the discre ion of the court.'' Night on Bald Mountain. On a lonely night Alex. Benton, of ort Edward, N. Y., climbed Bald Iountain to the home of a neighbor, ortured by Asthma, bent on curing im with Dr. King's New Discovery, hat had cured himself of asthma. his wonderful medicine soon reliev d and quickly cured his neighbor. ater it cured his son 's wife of a evere lung trouble. Millions believe its the greatest Throat and Lung ure on Earth. Coughs, Colds, roup, Hemorrhages and Sore Lungs are surely eured by it. Best for Hay ever, Grip and Whooping Cough. O. and .$1.00. Trial bottle free. uaranteed by W. E. Pelham & Son, ewberry, S. C. OTICE TO TOWN DELINQUENTS The Hon. J. J. Langford, mayor of the city of Newberry, has placed in y hands execntions for the collec io of delinquent city taxes for tVhe ears 1907 and 1908, with instruc tions to collect the same at once. This s to notify all persons of the city ho have not paid such taxes that they can save costs by coming to me nd paying the same a.t once. M. M. Buford, Sheriff Newberry County. Newberery, S. C., Feb. 22, 1909. 2-23-8t-st. FREE TRIP to tke PACIFIC COA$T ARE YOU ONE WASNI4OT . of the many thous' -'andis who want to ORE.GON explore this WVon derland ? ? ? ? SUNSET ir MAGAZINE O as inttue a new department, whose special work it is to put wihi the reach of every one an opportumhty te see the FAR W~EST. Wria f..n Sample Copy. -- For full particulars address Sunset Travel Club. 6 Flood RBildin<, Szn Fran.cLco. Cal. How to Increase t Increased fruit crops are more < ment than of good luck. Fruit tree supply of Virgnia Fertil The trees absorb plant-foods and potash-from the soil just the s ence has shown this over ar.d over - well recognized that " return to the I would expect the best results " has growers. Apple, pear, peach, orange and careful fertilization. But be sure to " I made a test with other comp Lowry, of Manatee County, Fla., ' The yield where I used Virginia-Ca much as where the other two c Hundreds of users say Virginia-( because of their good qualities-giv results. Many facts of great interest anc lished in the new 1009 Farmers' Yea sent free on application to any of ou Virginia-Carolint Sales Offices Richmond, Va. - Norfolk, Va. [ I- Ferli; Columbia. S. C. , 1f Atlanta. Ga. Chem Savannah. Ga. Memphis, Tenn. SOME OF 0L To be conservative. To pay four per cent. To calculate interest sem To bond every employee. To be progressive and ac To lend our money to ot To treat our patrons cou To be liberal and promp To secure business from TO BE THE VERY BE TO DO BUSINESS Our institution is under the examined by the State Bank E The Bank of Prosperi DR. GEO. Y. HUNTER, -President. J. F. BROWNE, Cashier. ESIDENTIAL INAUGURATION. Vry Low Round Trip Rates to Wash ington, D. C., Via Southern Railway. Account Presidential Inauguration te Southern railway will sell round tip tickets to Washington, D. C.. fom all points at greatly reduced rtes. Tickets to be on sale February 2th and March 1st, 2nd and 3rd, 109, good to leave Washington re trning not later than midnight of arch 8th, 1909. Round trip rates from principal pints as follows: Abeville ...... .... ......$16 25 Aderson .... ... ....... ..$16 10 acksburg ..... .... ......$13 75 Cmden ... ..... ... .....$14 05 Carleston ... ............$16 40 Clumbia ... ..... .. .....$15 05 reenville..... .... .... ..$15 55 reenwood..... ...... ...$15 80 Lnaster ..... ... ........$13 75 rangeburg..... .... .. ...$15 85 R>ck Hill..... ..... ... ..$13 05 Sartanburg .., ........$14 65 Smter..... ..... ... .. ..$14 50 >rkville ...... . .......$13 60 For detailed information, sleeping r reservations, schedules of regular ad special trains, apply to Southern ilway ticket agents or address, J. C. Lusk, Division Passenger Agent, .L. Meek, Charleston, S. C. Asst. Gen. Pass. Agt., Atlanta, Ga. TWN AND TOWNSHIP BOARD OF ASSESSORS FOR 1909. The following persons have been apointed to serve as Town and Twnship Assessors for 1909: Township No. 1 Town. Otto Klettner, Jno. A. Senn and L. . Floyd. Township No. 1 County. Jno C. Neal, S. P. MeCracken and GMcDuffie Sligh. Township No. 2. Dr. W. C. Brown, Chas. S. Suber nd B. B. Lei'tzsey. Township No. 3. J. H. Ringer, E. L. Glytnph and B. . Maybin. Township No. 4 Town. David Duncan, P. B. 0O'Dell and . E. Kohin. Township No. 4 County. Z. H. Sueramesm C. Duncan, Sam he Yield of Fruit ften the result of good manage s and fruit plants need a liberal Carolina izers that is, nitrogen, phosphoric acid ame as any other crop. Experi Lgain. This truth has become so and what the tree removes if. you become an axiom with the best other fruit trees soon respond to use the best fertilizers. anies' fertilizers," says Mr. H. 0. nd yours proved to be the best. rolina Fertilizer, was just twice as ompanies' fertilizer was used." :arolina Fertilizers are cheapest e better satisfaction and quicker I value to fruit growers are pub r Book, a copy of which will be r sales offices. Chemical Co. Saes Offmi Durham, N. C. Charleston, S.. C. Baltimore, Md. Columbus, Ga. Montgomery, Ala. Shreveport, La. R POLICIES: i-annually. commodating. r customers. rteously. all classes. ST BANK FOR YOU WITH. supervision of and regularly caminer. Prosperity, ty, S. C. DR. J. S. WHEELER, J. A. COUNTS, Assistant Cashier. W. Derriek. Township No. 5. G. C. Glasgow, Welch Wilbnr and Township No. 6. M. M. Livingstone, Geo. P. Boozer and J. B. Smnith. -Township No. 7. Press N. Boozer, A. P. Coleman and Jno. W. Sanders. Township No. 8. G. T. Blair, H 0. Long and W. H. Long. I Township N. 9 Town. A. H. Hawkins, A. M. Laster and W. T. Gibson. Township No. 9 County. J. P. Harman, Jno. H. Garrett anid J. W. Hartman. *Township No. 10. A dam L. Aull, D. B. Cook ana W. B. Boinest. Township No. 11. Perry Halfaere, R. H. Hipp sand Felix A. Graham. T-he above named assessors are re quired to meet in the office of the county auditor Tuesday, March 2, at 11 o 'cloc.k a. m. for the pnrpose of taking the oath of office and attend ing to other business neeessary before passing on the assessments for 1909. This is an important meeting and ev ery member is urged and expected to be present. Respeetfully, Eug. S. Werts, .County Audiitor. STATE OF SOUTH CAROLINA, COUNTY OF NEWBERRY. By Frank M. Sehumpert, Esquire, Probate Judge. WHEREAS, Kate G. Leitzsey and B:rney Burr Leitzsey hath made suit to me. to grant them letters of ad miisitration of the estate of and ef fects'of Thomas Benson Leitzsey. THESE ARE THEREFORE to cite and admonish all and ~singular the kindred and Creditors of the said Thomas Benson Leitzsey, deceased, that they be and appear before me, in the Court of Probate, to be held at. Newberry, S. C., on the 10th day of Marc-h, next after publication thlereof, at 11 o'cloe.k in the forenoon. to show eause, if any they have, why the said administration should not be granted. GIVEN under my Hand, this 22nd day of February Anno Domini, 1909. Frank M. Schumpert,